Rejecting the view of the Equal Employment Opportunity Commission (EEOC), a three-judge panel of the Seventh Circuit has ruled that Congress not having enacted a measure such as the Employment Non-Discrimination Act banning sexual-orientation discrimination, plaintiffs cannot deduce the existence of such a ban from other elements of federal law. [Chris Geidner, BuzzFeed; Marcia McCormick, Workplace Law Prof] I saw this coming last year when the EEOC declared, on what did not seem strong legal grounds, that the previous federal court consensus that there is no implied ban had been effectively overridden by intervening case law.

Filed under: EEOC, Seventh Circuit, sexual orientation